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Articles Posted in Negligence Claims

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Hartzo Case Illustrates Difficulties with Insurance Policies, Disputes

The Court of Appeals of Louisiana, First Circuit, recently defined the way in which the Court would look at implied permission for the use of ones car. Depending on the terms of the auto insurance policy, the policy may provide protection for damages that even extend to the passenger in…

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DePuy Pretrial Actions Consolidated to Ohio Court

It was recently announced that the pretrial filings for DePuy ASR hip replacement lawsuits have been consolidated to the Northern District of Ohio. The lawsuits have been assigned to the Honorable David A. Katz for supervision during the early stages of the litigation. Judge Katz is based in Toledo, Ohio,…

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By Signing Authorizations to DePuy, Patients Risk Destruction of Evidence of their Case

New information has come to light suggesting that DePuy may be in the process of conducting destructive testing on hip implants previously inserted into patients that were affected by the company’s defective ASR product line. Soon after DePuy announced its nationwide recall of its ASR XL Acetabular System/Depuy ASR Hip…

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New Legal Analysis Indicates FDA Preemptions May Not Apply to DePuy Litigants

In October, this blog published a post discussing the potential interplay between the preemption rules of In re: Medtronic, Inc., and the forthcoming DePuy hip implant litigation. If one recalls, In re: Medtronic involved defective heart defibrillators that shocked implant recipients. When patients affected by the shocks attempted to file…

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Depuy ASR Hip Implants Too Shallow for Proper Implantation, Recall Issued

In August 2010, Johnson & Johnson subsidiary, DePuy, announced a recall of its ASR XL Acetabular System and ASR Hip Resurfacing System, two hip replacement components used in total hip replacement surgery. In the months that have followed, this blog has told readers about metallosis, one of the possible symptoms…

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Recalled DePuy ASR Hip Implants May Cause Pseudotumors and Increased Cancer Risks in Some Patients

Although not as likely to occur as metallosis or cobalt poisoning, pseudotumors and cancer remain possible symptoms for patients who have received a DePuy ASR Hip Implant since 2003. In August 2010, Depuy, a division of Johnson & Johnson, recalled hundreds of thousands of its ASR hip implant components from…

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Distressing and Dangerous Symptoms of Metal Poisoning Caused by Defective DePuy ASR Hip Implants

Of the many symptoms stemming from the recalled DePuy ASR Hip Implants, perhaps metallosis is the most alarming. Metallosis is a form of metal poisoning caused when metal parts of the implant rub up against each other, generating large quantities of microscopic metallic debris that is absorbed by surrounding bodily…

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FDA Releases Lot Numbers for DePuy Hip Replacement Recall

In its October 13th Enforcement Report, the Food and Drug Administration released the lot numbers for hip implants affected by the DePuy recall. The defective implants include models within the ASR 100 and ASR 300 series. The enforcement report mentions “component loosening, component malalignment, infection, pain, fracture, dislocation and metal…

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Berniard Law Firm Lead Chosen to Educate Lawyers on DePuy Hip Replacement Matter

Lead attorney Jeffrey Berniard recently educated fellow lawyers on the complexities of litigation concerning the ASR DePuy hip implant replacement recall. Having been an active part of Continuing Legal Education (CLE), Mr. Berniard was selected to teach the DePuy matter due to his involvement in the ongoing litigation over the…

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Recipients of DePuy ASR Hip Implants Should Be Wary of Physicians Letters Requesting Release of Medical Records

In August 2010, medical device manufacturer DePuy announced a recall of thousands of its defective ASR hip implants. Since that time, implant recipients have reported receiving letters mailed from their physicians’ offices urging them to visit their doctors so that MRIs and other tests can be conducted. The timing of…

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